(i) on the designated date if such person is not employed before that date by the Corporation under sub-section (1) or (2), and
(ii) on the date of his appointment if such person is employed before the designated date by the Corporation under sub-section (1) or (2), and
(b) A person whose services stand terminated under sub-clause (i) of clause (a) shall not be entitled to claim employment in the Corporation as of right.
(i) payment of gratuity and of compensation for retrenchment or closure in accordance with the provisions of the Payment of Gratuity Act, 1972 (39 of 1972) and the Industrial Disputes Act, 1947 (14 of 1947), if he is a workman within the meaning of the latter Act, and
(ii) payment of gratuity if he is not such workman :
(b) Notwithstanding anything contained in Chapter V and not withstanding that the liability for payment of gratuity and compensation for retrenchment or closure under clause (a) is that of the owner, such liability shall be discharged by the State Government or the Corporation, according to the order of priorities mentioned in the Second Schedule and on discharge of such liability by the State Government or the Corporation the owner shall stand discharged to the extent of the liability so discharged.
(a) the services of any person employed before the appointed day in a specified textile undertaking are terminated-
(i) under the terms of any contract or service or otherwise of
(ii) under sub-section (3), and
(b) such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment,
(a) The State Government or the Corporation shall not be liable,-
(i) to any person who has become an employee of the Corporation under sub-section (1) for payment of gratuity or any arrears of wages, or
(ii) to any person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) for payment of gratuity or any arrears of wages or compensation for retrenchment or closure for the period commencing from the day on which the specified textile undertaking in which such person was employed was closed and ending on the day on which such person becomes an employee of the Corporation or, as the case may be, on which his services stand terminated irrespective of whether such closure was in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947), or not;
(b) the termination of services of a person under sub-clause (ii) of clause (a) of sub-section (3) on his becoming an employee of the Corporation under sub-section (1) shall not entitle such person to payment of any gratuity.
Chapter V
Commissioners of Payments
Section 11 • Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986
11. Employment of certain employees.
gujarat-closed-textile-undertakings-nationalisation-act-1986-sec-11.json
•
Section 11
{
"act_title": "Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986",
"act_slug": "gujarat-closed-textile-undertakings-nationalisation-act-1986",
"section_label": "Section",
"section": {
"number": "11",
"title": "11. Employment of certain employees.",
"chapter": null,
"content": "(i) on the designated date if such person is not employed before that date by the Corporation under sub-section (1) or (2), and\n(ii) on the date of his appointment if such person is employed before the designated date by the Corporation under sub-section (1) or (2), and\n(b) A person whose services stand terminated under sub-clause (i) of clause (a) shall not be entitled to claim employment in the Corporation as of right.\n(i) payment of gratuity and of compensation for retrenchment or closure in accordance with the provisions of the Payment of Gratuity Act, 1972 (39 of 1972) and the Industrial Disputes Act, 1947 (14 of 1947), if he is a workman within the meaning of the latter Act, and\n(ii) payment of gratuity if he is not such workman :\n(b) Notwithstanding anything contained in Chapter V and not withstanding that the liability for payment of gratuity and compensation for retrenchment or closure under clause (a) is that of the owner, such liability shall be discharged by the State Government or the Corporation, according to the order of priorities mentioned in the Second Schedule and on discharge of such liability by the State Government or the Corporation the owner shall stand discharged to the extent of the liability so discharged.\n(a) the services of any person employed before the appointed day in a specified textile undertaking are terminated-\n(i) under the terms of any contract or service or otherwise of\n(ii) under sub-section (3), and\n(b) such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment,\n(a) The State Government or the Corporation shall not be liable,-\n(i) to any person who has become an employee of the Corporation under sub-section (1) for payment of gratuity or any arrears of wages, or\n(ii) to any person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) for payment of gratuity or any arrears of wages or compensation for retrenchment or closure for the period commencing from the day on which the specified textile undertaking in which such person was employed was closed and ending on the day on which such person becomes an employee of the Corporation or, as the case may be, on which his services stand terminated irrespective of whether such closure was in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947), or not;\n(b) the termination of services of a person under sub-clause (ii) of clause (a) of sub-section (3) on his becoming an employee of the Corporation under sub-section (1) shall not entitle such person to payment of any gratuity.\nChapter V\nCommissioners of Payments",
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